Chapter 5.35
HORSE DRAWN CARRIAGE, CART OR CONVEYANCE LICENSE
Sections:
5.35.010 Business license and regulatory license required.
5.35.020 Application – Contents.
5.35.030 Application fee and renewals.
5.35.040 Operator, horse and carriage requirements.
5.35.060 Suspension or revocation of license.
5.35.010 Business license and regulatory license required.
Any person or entity operating a business or engaging in a social/recreational activity that involves a horse drawn carriage, cart, or similar conveyance used to transport people on the public roadways, rights-of-way, and/or parks of the city of Oak Harbor must first obtain a city business license and a horse drawn carriage, cart or conveyance license pursuant to Chapter 5.01 OHMC and this chapter.
Operating a horse drawn carriage, cart, or similar conveyance used to transport people on the public roadways, rights-of-way, and/or parks of the city of Oak Harbor is a privilege, not a right.
The submission of an application does not create a right to a license under this chapter. No business license or regulatory license required by Chapter 5.01 OHMC and this chapter will be required of a person operating a horse drawn carriage, cart or similar conveyance as an entry in a parade, or specific event pursuant to OHMC 5.35.020(2), or as temporary free entertainment on private property if permission of the landowner has been obtained. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.020 Application – Contents.
(1) In order to obtain a horse drawn carriage, cart or conveyance license, an applicant must file the application with the police department.
(2) Applicants seeking a horse drawn carriage, cart or conveyance license for a specific event must submit an application at least seven days in advance of the event that contains the information found within subsections (3)(a) through (d), (e) (if applicable), (g) and (h) (if applicable) of this section.
(3) Application contents are as follows:
(a) All information to identify the business as required for issuance of a business license pursuant to Chapter 5.01 OHMC.
(b) Evidence of commercial general liability insurance in amounts acceptable to the city attorney’s office. The insurance policy must be written on an occurrence basis, name the city as an additional insured, be written for a period not less than 24 hours prior to the start of operations and extending for a period not less than 24 hours following the completion of the operations, and must contain a provision prohibiting cancellation of the policy, except upon 30 days’ written notice to the city.
(c) Narrative description of the carriage, cart, or conveyance to be utilized by the applicant to include:
(i) Installed safety devices, as well as any other proposed safety measures the applicant plans to implement as part of its operations;
(ii) Passenger limit for the carriage; not to exceed manufacturer’s specifications.
(d) Narrative description of the training of the operator to include the operator’s experience in operating such a mode of transportation, emergency procedures, animal commands and controls in handling unruly or uncontrollable animals.
(e) Narrative description of how equipment and animals will be inspected each day of operations, how animals will be provided with potable drinking water at least once per hour, access to food once every four hours and how animal waste will be collected and disposed of.
(f) Applicants must file their schedule of rates and charges, and all amendments thereto, with the police department.
(g) Proposed routes of operation with city streets.
(h) A copy of a certificate of health issued within the last three months from a licensed veterinarian certifying that the animal to be used is fit to draw the carriage, cart, wagon, etc. In addition, the veterinarian statement must include proof of current vaccinations including, but not limited to, tetanus, rabies, equine influenza, strangles, eastern/western encephalomyelitis and rhino pneumonitis. If vaccinations are administered by someone other than a veterinarian, the applicant may submit a certification signed under the penalty of perjury by the person who administered the vaccinations when those were administered, and what was administered.
(i) A written safety plan to keep patrons a safe distance from the horse.
(j) Proof of ownership of the horse(s) intended to be used in the conduct of business.
(4) The chief of police has the right to request additional information of the applicant, determine if an application is complete and providing sufficient information in which to review and make a decision regarding the awarding of a license, and to approve or deny an application for a license. If the chief approves a license, the chief will provide a license/ID badge to the applicant. The applicant must wear the license/ID badge on the outermost exterior of their clothing, visible to patrons of their service.
(5) If the license is denied by the chief, the applicant may request a meeting with the chief to discuss the denial and may resubmit their application one time without charge within a month of the date of the denial for the chief to consider. If the applicant still is not satisfied they may file an appeal in accordance with OHMC 5.35.080.
(6) A license will be granted upon a reasonable determination by the chief that the proposed activities of the applicant will be operated in the best interests of the public’s safety, with adequate consideration given for the safety and comfort of the passengers and animal(s); and with adequate safety measures associated with the operations to protect the passengers, operator(s), animals, and motor vehicles traveling along the same public rights-of-way. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.030 Application fee and renewals.
(1) Upon submission of the application, the applicant must pay the nonrefundable application fee in full per the master fee schedule adopted by resolution of the city council.
(a) If the applicant is approved, the application fee serves as the first-year license fee.
(b) The application fee includes the cost of a WATCH criminal background check.
(c) Incomplete applications will not be accepted.
(2) Annual Renewals.
(a) Process. Horse drawn carriage, cart or conveyance license renewals will be processed pursuant to OHMC 5.01.110(2).
(b) Fees. Horse drawn carriage, cart or conveyance license renewal fees must be paid in full per the master fee schedule adopted by resolution of the city council.
(c) Informational Changes. The license holder must submit any changes of the information required per OHMC 5.35.020 to the city along with the annual license fee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.040 Operator, horse and carriage requirements.
(1) Operator Requirements. The operator of the carriage, cart or conveyance shall be required to:
(a) Be at least 18 years of age with a valid Washington State driver’s license in their possession while operating the carriage, cart or conveyance;
(b) Have proof of insurance in their possession for the operation of the carriage, cart or conveyance;
(c) Have information in their possession as to who is the owner/operator of the business to include business name, contact phone number and address;
(d) Have been trained in emergency procedures to include, but not be limited to: fixing equipment that has malfunctioned and handling unruly or uncontrollable animals via reasonably appropriate commands; and
(e) Have necessary equipment needed to collect and dispose of animal waste, as well as being able to provide water and feed to the animal while operating.
(2) Animal Requirements. The horse utilized to draw the carriage, cart or conveyance shall:
(a) Be a mare or gelding; stallions are not permitted;
(b) Be in good health and clean condition;
(c) Be vaccinated at least annually to include, but not be limited to, tetanus, rabies, equine influenza, strangles, eastern/western encephalomyelitis and rhino pneumonitis;
(d) Be seen by a licensed veterinarian at least twice per year to certify that the animal can, in fact, pull and/or draw a carriage, cart, or conveyance when being used for that purpose pursuant to the requirements found herein;
(e) Be outfitted in such a manner as to have proper protection of its feet as recommended by a farrier; and
(f) Have teeth floated at least once per year.
(3) Cease Operations. If horse becomes lame at any time, use of the horse to draw a carriage, cart, or conveyance must cease until a licensed veterinarian clears the animal to return.
(4) Carriage Requirements. The carriage, cart, or conveyance shall be:
(a) In good, serviceable condition with a record of maintenance and repair kept by the owner and/or operator in a location where inspection of said records can quickly occur;
(b) Able to be slowed or stopped by using a manual braking system;
(c) Outfitted with the necessary slow vehicle placards and safety reflectors of sufficient size to be seen by any vehicle following or coming upon the carriage. Some of the reflectors are to be located on the rear of the carriage and at height readily visible by approaching traffic; and
(d) Either outfitted with lighting or, in the alternative, be paired with a vehicle that can act as a support/chase vehicle with lights on, if being operated after dusk and before dawn in areas not well lit by existing street lights. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.050 Route requirements.
When approving a license under this chapter, the chief of police must consider the proposed route(s) of operations for any license and work with the applicant to reduce the potential for safety concerns, vehicular delays, adverse vehicular interactions with the carriage, cart, or other such conveyance, and utilization of roadways where insufficient road width exists for safe travel of the horse drawn carriage, cart or other such conveyance and automobiles. The applicant will be required to make reasonable alterations to their route when requested by the chief in the application review process. Any proposed change associated with safety must be accepted by the applicant. However, nothing within the license requirements associated with a designated route will override the ability of the owner, and/or operator, if applicable, to deviate from said route in those situations where there is an immediate need to avoid harm to passengers, operators, and/or animals; or to address a reasonably perceived threat of harm to passengers, operators, and/or animals; or to address other emergencies that could result in or be reasonably perceived to harm passengers, operators, and/or animals. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.060 Suspension or revocation of license.
(1) The chief may summarily suspend the license of any operator of a horse drawn cart, carriage or other such conveyance licensed to operate within the city of Oak Harbor pursuant to this chapter prior to any hearing in the following situations:
(a) The chief has, in writing, determined that there is reasonable cause to believe that grounds for suspension are necessary to prevent a clear, substantial and imminent hazard to life, animal health, safety, or property; or
(b) The chief has reason to believe that the owner and/or operator, if applicable, does not possess a valid Washington State driver’s license; or
(c) The chief has reason to believe that the owner and/or operator, if applicable, has failed to maintain their insurance coverage.
(2) Suspensions.
(a) In addition to the reasons for which a license may be summarily suspended, the chief may suspend any license issued pursuant to this chapter:
(i) For two or more violations by the owner and/or operator of OHMC 5.35.040 within a 12-month period. In such a situation, the chief may suspend the license up to 60 days.
(ii) If, in the course of operations, the owner and/or operator is witnessed by a law enforcement officer as being engaged in activities that are potentially dangerous to passengers, the operator, and/or the horse being utilized. Such suspensions may be for a period no longer than 48 hours and are to be aimed at ensuring the correction of the behavior witnessed.
(iii) If, in the course of operations, the carriage, cart, or other such conveyance is found to have mechanical problems amounting to either a real or reasonably potential safety concern.
(b) The chief must suspend a license issued pursuant to this chapter, in writing, articulating the reason(s) for the suspension and the necessary remedial actions required to terminate the suspension. Notice of the suspension must be delivered either in person or by first class mail to the mailing address of the license holder.
(c) Suspensions not timely appealed will be final. Suspensions become effective upon the date of any notice of suspension if not appealed, or upon the date an order on appeal affirms such a notice. Suspensions will be for a period of five days; however, if the suspension was issued in association with specific safety, licensing, or administrative issues that could be cured by the license holder, and are subsequently cured by the licensee, the chief may reduce or terminate the suspension period. Except in the case where a timely appeal is filed by the licensee pursuant to this chapter, a license holder may continue to operate pursuant to this chapter pending a final decision on appeal.
(3) Revocations.
(a) A license may be revoked under this chapter if it is determined that:
(i) The application for the license contained a material misstatement or omission of fact;
(ii) The license holder, and/or operator if applicable, has a conviction, bail forfeiture or other adverse finding of animal cruelty under the laws of any state or governmental subdivision thereof;
(iii) The license holder, and/or operator if applicable, is convicted of a felony, gross misdemeanor, assault or sexual offense as defined under state law or an offense which is similar to those defined in Chapter 9A.44 RCW.
(iv) The license holder, and/or operator if applicable, has had his or her license suspended pursuant to this chapter for failure to comply with licensing requirements, safety concerns, or animal-related safety concerns and has continued to operate during that suspension period; or has returned to operations following the suspension period and has failed to address the identified issues that resulted in the suspension;
(v) The license holder, and/or operator if applicable, has had his or her Washington State driver’s license suspended or revoked;
(vi) The license holder, and/or operator if applicable, has had a bail forfeiture, conviction, or other adverse finding for a crime that would include, but not be limited to, a crime involving driving or vehicular safety in association with alcohol and/or narcotics, reckless endangerment, fraud, theft, or other felonious behavior.
(b) The license holder will be notified of the revocation by delivery in person or by first class mail to the mailing address of the license holder. The notice of revocation will articulate the reason(s) for the revocation and the effective date of the revocation. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.070 Denial of an license.
(1) The chief of police must deny a license application if it is determined that:
(a) The application submitted is incomplete with regard to required information, associated fees, or inadequate in the information provided;
(b) The application contains a material misstatement or omission of fact;
(c) The applicant has received a prior suspension of a license and the time for suspension has not expired, or the reason for the suspension has not been cured;
(d) The applicant had a prior license issued under this chapter that was revoked and not reinstated;
(e) The applicant had within a two-year period prior to applying for a license a bail forfeiture, conviction or adverse finding for a crime involving a horse drawn carriage, cart, or other conveyance, animal cruelty, or criminal traffic offense associated with a mandatory suspension of the applicant’s driver’s license.
(2) The chief of police may deny a license application if it is determined that:
(a) Within the past two years prior to applying for a license, the applicant has engaged or exhibited past driving or operating a horse drawn carriage, cart, or other conveyance which would lead the chief of police to reasonably conclude that the applicant will not comply, comport and/or conduct their activities with the requirements found within this chapter;
(b) Within one year prior to applying for a license, the applicant operated a horse drawn carriage business without the required licenses established within this chapter, and did so after receiving notice to correct that deficiency and continued to operate in spite of such notice;
(c) Within the last 10 years the applicant has been convicted of assault, a felony in the last seven years, a gross misdemeanor in the last five years, or who has ever been convicted of sexual offenses as defined under state law or an offense which is similar to those as defined in Chapter 9A.44 RCW;
(3) Notice of a denial of a license must be done in writing indicating the reason for the denial and any period of time in which the applicant is permitted to attempt to cure the problems identified in the denial. After the expiration of that cure period, the denial becomes final unless the applicant appeals that determination in the manner described above with regard to suspensions and revocations. The appeal of a denial must be filed within 10 days of the expiration of the cure period found within the notice of denial. As noted elsewhere, if the applicant resubmits their application within 30 days of the date of the denial, the applicant need not resubmit the application fee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.080 Appeals.
Any notice of a denial of a license, violation, suspension or revocation must include a statement that the license holder, owner, and/or operator is entitled to a hearing upon their making a written request for such a hearing to the chief of police within 10 days of the date of the notice. The hearing will be conducted in accordance with Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.090 Enforcement.
The Oak Harbor police department shall have the administrative authority to implement and enforce this chapter. The chief of police may adopt rules and regulations for its administration, consistent with this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).
5.35.100 Violations.
Violations of this chapter shall constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1851 § 2, 2018).